On 25 May 2023, Law 13/2023 has been published in the BOE , of May 24, which amends the General Tax Law (LGT) to transpose Council Directive (EU) 2021/514 in relation to administrative cooperation in the field of taxation, together with other tax regulations. Specifically, this regulation introduces changes to the Value Added Tax Law… Continue reading Tax advisor: Modification of the LGT, the LIVA, the LIS and other tax regulations
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Tag: Europe
Tax advisor: The presence of simulation through the artificial division of the economic activity of the appellant has not been demonstrated.
The High Court of Justice of Madrid, in its judgment of March 1, 2023, examines the possible artificial division of the appellant’s economic activity for indications of simulation. However, before addressing the merits of the dispute, the Chamber rules on the extension of the term that has occurred in the inspection process. Thus, the Chamber… Continue reading Tax advisor: The presence of simulation through the artificial division of the economic activity of the appellant has not been demonstrated.
Tax advisor: CNAE Code and its inclusion in tax forms
The CNAE code, which stands for National Classification of Economic Activities, is a classification system used to categorize and group economic activities carried out by companies and self-employed individuals. It is used in many countries, including Spain, to facilitate the collection and analysis of information on the business fabric. The CNAE code is necessary to… Continue reading Tax advisor: CNAE Code and its inclusion in tax forms
Tax advisor: Galicia’s appeal against lifetime inheritance dismissed
The Constitutional Court has ruled that ‘lifetime inheritances’ must be taxed in the Personal Income Tax (IRPF). This is the conclusion reached by the court in rejecting the appeal filed by the Xunta de Galicia against the modifications approved in 2021 to combat tax fraud, which focused on this type of donations. The Plenary considers… Continue reading Tax advisor: Galicia’s appeal against lifetime inheritance dismissed
Tax advisor: The allowances for living expenses in Personal Income Tax
The Personal Income Tax (IRPF) regulations exempt from taxation the amounts allocated by the company to compensate the usual food and lodging expenses in restaurants, hotels and other accomodations, when the worker travels to a municipality other than his usual place of work and place of residence. However, there are specific exceptions (indicated in article… Continue reading Tax advisor: The allowances for living expenses in Personal Income Tax
Tax advisor: Personal Income Tax treatment of the regularization of the RETA quotas
The Directorate General of Taxes addresses in an binding consultation (V2518-22) issued on December 7, 2022 the personal income tax (IRPF) tax treatment of the adjustment of social security contributions paid by self-employed workers in the previous year, in accordance with the new contribution system established in article 308 of the General Social Security Law… Continue reading Tax advisor: Personal Income Tax treatment of the regularization of the RETA quotas
Tax advisor: Deductibility in the Corporate Tax denied after justifying it with general considerations without effective impact on the assets
The High Court of Justice of the Balearic Islands examines the deductibility of an impairment provision made by the taxpayer in 2014 for five properties. The Chamber begins by highlighting that, according to accounting rules, a property experiences impairment when its book value is greater than its recoverable amount, which is the higher of its… Continue reading Tax advisor: Deductibility in the Corporate Tax denied after justifying it with general considerations without effective impact on the assets
Tax advisor: Issuance of explanatory notes on excise taxes by the AEAT
The Tax Agency has issued 4 explanatory notes related to excise taxes, which are available on its website. In one of the notes, the Tax Agency addresses the issue of the period of validity of old tax seals affixed to beverages derived from January 2023. According to the AEAT, it considers it appropriate to continue… Continue reading Tax advisor: Issuance of explanatory notes on excise taxes by the AEAT
Tax advisor: Personal Income Tax applicable in case of a taxpayer changing region in 2022
One of the questions that may arise for taxpayers is to determine which regional level of Personal Income Tax they should be subject to if they have changed their residence region during the year 2022. In order to know how to apply the tax, several criteria must be paid attention to. The first critera to… Continue reading Tax advisor: Personal Income Tax applicable in case of a taxpayer changing region in 2022
Tax advisor: Movements sanctioned by the Treasury if not declared
We examine the details of the monetary transactions for which the Treasury can impose sanctions, as well as the consequences of not complying with tax obligations. What transactions must be declared within Spain? – Real estate transactions: Any sale, donation or any other type of transaction related to real estate must be reported. This covers… Continue reading Tax advisor: Movements sanctioned by the Treasury if not declared